United States Fifth Circuit

An appeal from an order requiring defendant-police officer in a 42 U.S.C. section 1983 excessive force case to undergo a mental examination pursuant to Federal Rule of Civil Procedure 35 is dismissed for lack of jurisdiction where, under the circumstances, the order did not qualify as a collateral order under the Cohen doctrine.

Appellate Information

• Decided 03/21/2006
• Published 03/22/2006

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Newton Boris Schwartz, Sr., Law Offices of Newton B. Schwartz, Houston, TX, for Goodman.


• For Appellees:
  
• Frank Edward Sanders, Asst. County Atty., Houston, TX, for Defendants-Appellants.